Terms and Conditions
1.1. www.SportPursuit.com (the “Website”) is a website operated by SportPursuit Limited (“SportPursuit”), a company that is registered in the UK with Company Number 07599287 and with registered address at Unit 2C, 18-20 Balham Hill, London, SW12 9ER, United Kingdom. SportPursuit’s VAT Registration Number is 112024778.
2.1. All of the provided services offered by SportPursuit on the Website are herein referred to as “the Services”.
2.2. Each physical person who is aged 18 or above and wishing to be eligible for the Services and is capable of fulfilling these Terms & Conditions, shall hereinafter be referred to as a "Member".
2.3. References to "you", "your" and "yours" are references to a Member of the Website.
2.4. Each order placed by you in respect of a product or a service made by a Member on the Website under the conditions stated in these Terms & Conditions shall hereinafter be referred to as an "Order".
3.1. These terms & conditions (the “Terms & Conditions”) set out SportPursuit’s and your rights and obligations for the purpose of the sale of products and services by SportPursuit to Members.
3.2. Your use of this Website and purchase of products from it are subject to the following Terms & Conditions, which you are deemed to accept by using the Website. SportPursuit reserves the right to amend these Terms & Conditions at any time and your continued use of the Website shall indicate your acceptance of any such amendments. Any Order placed by you on the Website is governed by these Terms & Conditions.
4. Additional Terms
5.1. On registration as a Member, and on certain other parts of the Website, you are required to provide information about yourself, and where you do this you warrant that:
5.1.1. The personal information which you are required to provide when you register as a Member of SportPursuit is true, accurate, current and complete in all respects;
5.1.2. You will maintain and promptly update your personal information by updating it on the Website in the My Account section or by notifying us by email;
5.1.3. You agree not to attempt to open more than one account, and will not impersonate any other person or entity or use a false name or a name that you are not authorised to use.
6. Submission of Information / Data
6.1. Where information (including sensitive financial or personal information) is provided to SportPursuit (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to SportPursuit we use encryption software to attempt to prevent unauthorised access to this information being obtained. SportPursuit does not have access to or store any confidential information about the means of payment; only PayPal, our Payment Services Provider, has access to this information, and it cannot be accessed by any other third party.
7.1. Access to the Services is permitted either via registration or via referral by a Member. Referral by a Member is limited to a restricted circle (friends and family) with whom the referring Member must be both effectively and physically acquainted, unless otherwise authorised in writing by SportPursuit. Members may not use alternative email addresses to refer themselves or refer friends/family that use the same delivery and/or billing address as the Member. As a result, the mass recruitment of referred people who do not fall within this framework, for directly or indirectly profit-making purposes, or even free of charge, by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with the Website or by reproducing a part of the Website’s catalogue, is strictly prohibited.
7.2. If SportPursuit should become aware of any irregularities by a Member in the use of its referral system, it reserves the right to take any appropriate steps to ensure that these irregularities cease, including without limitation, the deletion of the Member's account and/or removal of credits from the Member's account.
7.3. Any message associated with a Member referral, by which Members invite their friends to become Members of the Website, is for your personal and non-commercial use only. We do not pre-screen any messages posted onto the Website or associated referral emails, although we reserve the right to monitor messages from time to time. You are fully responsible for any material which you send to any person via the referral messaging service on the Website. You guarantee that any messages posted on the Website to be sent to a third party by us on your behalf will not contain any obscene, vulgar, rude, racist, threatening or defamatory language which may cause any distress to any person or be unlawful. SportPursuit accepts no liability for any referral messages which do not comply with this condition. We reserve the right to remove the referral service at any time and to refuse to send or display messages entirely at our own discretion without prior notice or liability to you.
7.4. SportPursuit reserves the right to terminate any referral rewards scheme at any time and will not credit any outstanding referred accounts that qualify for credit under the scheme after the scheme's termination
7.5 Ticket to Adventure vouchers are only valid for new members of SportPursuit on their first purchase. Existing members may not use alternative email addresses to access the promotion to make orders to the same delivery and/or billing address as an existing account. If SportPursuit become aware of any irregularities by a member in use of the promotion, it reserves the right to take any appropriate steps to ensure that these irregularities cease, including without limitation, the deletion of the Member's account and/or cancelation of their order.
8. Your Username and Password
8.1. The registration processes on the Website will involve you being allocated with a unique username and password that gives you access to your Website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Website account. You agree to:
8.1.1. Immediately notify us if you become aware of any unauthorised use of your password or Website account or any other breach of security by sending an appropriately worded email to email@example.com; and
8.1.2. Ensure that you exit from your Website account at the end of each session.
8.2. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
9. Product Information and Description
9.1. Any literature published or submitted by SportPursuit to the Member which contains any descriptions, specifications, drawings, photographs or prices of the products is published or submitted for guidance only. Whilst we will take reasonable care to ensure that details appearing on the Website are correct, the information including product descriptions on this Website may not be completely accurate.
9.2. SportPursuit reserves the right to make minor modifications in the design and specification of the products advertised on the Website to those shipped in an Order without notice to the Member, but agrees to notify the Member of any major or material modifications which the Member shall be deemed to have accepted unless notification to the contrary is received in writing by SportPursuit within 7 days of delivery.
9.3. Nothing in this provision affects your right to cancel your Order, as governed by condition 19 of these Terms & Conditions.
10. Conformity and Availability of Products or Services
10.1. Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this Website is provided on an "as is" and "as available" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
10.2. If a product or service is totally or partially unavailable after an Order is made, you will be informed by email of the delivery of a partial Order or the cancellation of your Order. If the product or service is not available then the Member has the right to ask SportPursuit:
10.2.1. To deliver a product or service of equivalent quality and at an equivalent price, subject to stock and availability; or
10.2.2. To refund the price of the product or service ordered within 30 days from his or her request.
11. Placing an Order
11.1. You guarantee that you are fully authorised to use the credit/debit card supplied, or the PayPal account used, for the purposes of paying for your Order and that this credit/debit card or PayPal account has sufficient available funds to cover all of the costs incurred as a result of using the Services.
11.2. If you click on the “Submit Payment” button SportPursuit will treat this as an offer by you to purchase the products subject to these Terms & Conditions. You are responsible for ensuring the accuracy of your Order. When you place an Order we will send you an Order acknowledgement and email receipt of your Order containing all of the details of your Order. This is not an acceptance by us of your Order but is simply a confirmation that we have received your offer to purchase products. At this point we will take payment for the total value of the Order. Our acceptance of your Order will take place when we dispatch your Order at which point we will send you a dispatch confirmation email. If we only dispatch part of your Order and send you a dispatch confirmation email in respect of such products we have only accepted your offer in respect of those products.
11.3. You may, while a sale event is still open, after having placed an order for product(s) from that sale event, add other products or services from the same sale event in two ways:
11.3.1. By clicking on the relevant Order link in the “My Account”, “My Orders” section; or
11.3.2. By clicking on the “Add to Basket” button of the product in the relevant sale on the Website.
11.4. All products are offered for sale subject to availability and subject to SportPursuit’s acceptance of the Order.
11.5. We reserve the right not to accept your Order. Non-acceptance of an Order may be as a result of (but is not limited to) one of the following: the product ordered being out of stock; our inability to obtain the authorisation of payment; the identification of an error within the product information, including price and promotion; you not meeting the eligibility to order as set out in the Terms & Conditions.
11.6. In the event that an item is out of stock, you will be informed as soon as practically possible. Where all items in an Order are unavailable, the Order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. Where some items in an Order are unavailable, those that are available will be dispatched and a refund will be made for those that are unavailable. Delivery charges will still apply. You will receive your refund within 30 days of being informed of the unavailability of any items.
11.7. In the event that SportPursuit accepts an Order from a Member but, for reasons beyond the control of SportPursuit, is unable to supply the goods ordered to the Member, then the Member agrees to accept the repayment of the amount paid to SportPursuit in full and final settlement of all and any claims it may have as against SportPursuit for non-delivery.
12. Pricing and Payment
12.1. The price of the products shall be the price listed on the Website on the date of your Order inclusive of VAT but exclusive of delivery charges which are payable by you. All prices displayed on the Website are quoted in UK Pounds Sterling and must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website.
12.2. The recommended retail price (if any) indicated on the Website is that which has been provided to SportPursuit by our supplier.
12.3. Any failure by the Member to adhere to the obligations entered into under these Terms & Conditions, and in particular relating to any incident involving the payment of the price of an Order, may lead to suspension of access to the Website, or even closing of the Member’s account according to the degree of seriousness of the action in question, without prejudice to any damages which SportPursuit might seek. As a result, SportPursuit reserves the right to refuse any Order from a Member with whom there is any such dispute.
13. Account Credits & Invite Rewards
13.1. An "Account Credit" is a positive monetary value, including an Invite Reward as defined in the paragraph below, issued to an individual Member by SportPursuit for redemption against Orders placed on the Website.
13.2. In these Terms & Conditions an "Invite Reward" is an Account Credit issued to an existing Member who has referred the Website to a person who goes on to become a Member of the Website and places an Order using the Website.
13.2.1. Account Credits can only be issued to and redeemed by a Member.
13.2.2. Account Credits can only be redeemed by the Member to which the Account Credit was originally issued, and cannot be transferred or assigned to any other person.
13.2.3. Account Credits can only be redeemed at the time at which an Order is made by following the instructions provided to you through the Website from time to time. An Account Credit cannot be used in relation to an Order after the Order has been placed.
13.2.4. Account Credits may have an expiry date and if one does, the expiry date will be communicated to you when you are issued the Account Credit. If the Account Credit has an expiry date you must redeem the Account Credit before the expiry date or it becomes void. No replacement Account Credit will be issued for an expired Account Credit.
13.2.5. There is no restriction on the total sum of Account Credit you can accumulate. Account Credit up to the total value of an Order (excluding Delivery Charges) may be used, except that you must always make a minimum monetary payment of £1 when placing an Order. Account Credit may also be redeemed against Orders which include promotional offers from SportPursuit.
13.2.6. If you return an item purchased using Account Credit, SportPursuit will issue the refund as an Account Credit of the same value used, with the remainder due refunded to your payment card or PayPal account (as applicable).
13.2.7. Account Credits have no cash redemption value and you shall not be entitled to any payment from SportPursuit in respect of redemption (or expiry) of an Account Credit.
13.2.8. One membership is permitted per person. Any person with multiple memberships will forfeit all accrued Account Credits and his/her membership of the Website.
13.2.9. SportPursuit may at its sole discretion deem an Account Credit void.
13.2.10. Any type of Account Credit programme may be terminated or the terms & conditions relating to it amended by SportPursuit at any time.
13.2.11. Any other restrictions or conditions notified at any time and by any means to you upon the issue of an Account Credit shall apply in relation to that Account Credit.
13.3. The following terms & conditions also apply specifically to an Account Credit which is an Invite Reward:
13.3.1. If the following conditions are satisfied, we at our sole discretion, issue an Invite Reward:
126.96.36.199. you have invited a person (the "Invitee") who is not already a Member to become a Member;
188.8.131.52. the Invitee is known to you personally;
184.108.40.206. the Invitee becomes a Member;
220.127.116.11. after having become a Member the Invitee purchases an item from SportPursuit within 180 days of being invited to become a Member, and does not return the item within the period during which he is entitled to return the item (normally 14 days from the date of delivery, although a different period may be apply in relation to certain products).
13.3.2. Where the Invitee makes an Order containing multiple items, an Invite Reward will be awarded unless the Invitee returns all of the items ordered.
13.3.3. You will be informed by email of full details of the Invite Reward when all of the conditions set out in paragraph 13.4.1 above have been fulfilled. You will receive an email for each Invite Reward earned.
13.3.4. There is no limit on the number of people that you can invite to join the Website.
13.3.5. There is no limit on the number of Invite Rewards you can collect in total. You may not collect more than one Invite Reward per Invitee.
13.3.6. There is no limit on the number of Invite Rewards you can use when placing an order, except that you must always make a minimum monetary payment of £1 when placing an Order.
13.3.7. The discount value of Invite Rewards may vary: the discount value of an Invite Reward will be notified to you at the time of issue to you of that Invite Reward.
14. Restrictions on the Number of Units Purchased
14.1. Products offered for sale through the Website are offered in discrete sales comprising one or more items. The number of units of any particular item that you may purchase will be limited to an amount set by SportPursuit, which may vary between sales. Attempts to purchase more than this number of a single item may result in your entire Order being rejected and/or your disqualification from the Website. For the avoidance of doubt, placing single or multiple Orders in respect of the same sale where the total number of products exceeds the stated amount of a given item is prohibited under this condition.
15.1. The place of delivery of the Order will be agreed between SportPursuit and the Member during the Order process and shown on the order confirmation email.
15.2. The delivery charge is inclusive of all taxes, and is stated during the Order process before you are required to confirm your Order.
15.3. SportPursuit delivers to anywhere in the United Kingdom, with the exception of Jersey and Guernsey islands, military addresses (BFPO) and Gibraltar. [TBC]
15.4. The Member must inspect the products on delivery and, in the case where products have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence that the Member has received the quantity of products indicated on that document free from any apparent defect or damage. If the products are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Member.
15.5. SportPursuit reserves the right to make delivery of an Order by instalments. If the Order is to be delivered in instalments, each delivery will be considered as a separate contract between SportPursuit and you.
15.6. The Member must advise SportPursuit or its delivery partner in writing of any alteration, cancellation or deferral of delivery and SportPursuit reserves the right to make a charge for re-arranging delivery.
15.7. SportPursuit will not accept returns except as described in condition 20.
15.8. Delivery time:
15.8.1. Any dates quoted for delivery of an Order are indicative only. SportPursuit aims to deliver within 30 days from the date the Order is made (unless otherwise stated to you prior to you placing the Order) but we cannot guarantee this.
15.9.1. SportPursuit will not be liable for any loss or expenses sustained by the Member arising from any delay in the delivery of an Order howsoever caused, including but not limited to war or civil commotion, strikes, lockout or industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather, breakdown of machinery or plant, malicious damage or any default of suppliers or sub-contractors.
15.10. Partial / no delivery:
15.10.1. The Member may not reject the delivery or any part of an Order solely on the grounds of short delivery of an instalment (where “short delivery” is defined as delivery of less than all the products comprising the original Order).
15.10.2. If the Member is not in at the address given by the Member when the delivery is made, a notice of intended delivery is usually put through the letterbox. A second and third attempt of delivery will usually be made. It will then be up to the Member to contact the relevant courier to agree upon a new delivery date, or to collect the Order from the courier’s nearest depot within a set period as specified by the courier from the date of leaving of the final notice. Once this time has elapsed the Order will be returned to SportPursuit.
15.10.3. If the Member fails to take delivery of an Order then SportPursuit may do (but is not limited to doing) either or both of the following:
18.104.22.168. Store the products until another attempt at delivery is successful and charge the Member for the cost (including insurance) of storage, together with any reasonable incidental costs;
22.214.171.124. Sell the products at the best price readily obtainable by SportPursuit and (after deducting all storage and selling expenses) charge the Member for any shortfall below the Price.
15.11. Lost packages:
15.11.1. You will be informed of departure of your Order from SportPursuit’s warehouse by email. You can also find this information by visiting the “My Order” area of the Website. A delivery tracking number may be given so that you can track the progress of your Order.
15.11.2. If neither the depot nor the tracking system show any trace of the Order you must get in touch with SportPursuit via the Website or go to the courier’s website (as detailed on your Order Dispatch email).
15.11.3. SportPursuit will begin an enquiry as soon as is practicable after contact from the Member, and the Member will be updated with any progress in tracing the Order by email. Please note that it may take up to (and in some circumstances beyond) 21 working days for the courier to trace the Order. If the Order is traced it will then be sent to you in accordance with our normal delivery procedure. If the Order cannot be traced, SportPursuit will notify you and proceed with a refund for your Order (including the cost of products and delivery charges if any).
16. Risk and Ownership
16.1. Risk of damage to of loss of the Order will pass to the Member on delivery at the agreed address.
17. Third Party Links
17.1. To provide increased value to our Members we may provide links from this Website to other websites or resources for you to access at your sole discretion. Whilst we hope you will be interested in those websites, you acknowledge that:
17.1.1. We are not responsible for the availability of such external sites or resources;
17.1.2. The content on those pages is not subject to our control, and we do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy policies of such websites, for their content (including any advertising, content, products or services on or available from such websites), or the use to which others make of these websites;
17.1.3. We are not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content available on such external websites or resources.
18. Member Content
18.1. The Website may offer pages to which you can contribute content. Where you elect to do so, you accept that you grant to SportPursuit a non-exclusive, royalty-free licence to publish and use all such content (or any part of it, which may be edited, cropped or otherwise modified by SportPursuit at SportPursuit’s discretion) in any way and at any time on the Website and on or in other of SportPursuit’s Websites and publications, in any media. You or the copyright owner shall however remain the owner of copyright in any such content and shall be free to republish it wherever you or the owner so wish, subject to any other restraints.
18.2. User content pages and any discussion forums or pages of the Website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. Further, your use of these forums and the Website generally is subject to the provisions of these Terms & Conditions.
18.3. In relation to this content, you acknowledge and agree:
18.3.1. That SportPursuit accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of the restrictions set out in these terms and conditions; and
18.3.2. To indemnify SportPursuit, its associated companies and its representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of the restrictions set out in these Terms & Conditions.
18.4. We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the Website generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the Website without the need to give any reasons for doing so.
18.5. If you object to the publication of any material placed on our online forums (or anywhere else on this Website) please let us know by calling 020 8772 3128 or by sending an appropriately worded email to firstname.lastname@example.org and we will take whatever action we deem appropriate.
19. Order Cancellation
19.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel your order within 14 days of the delivery date of your Order. Notice of your wish to cancel must be made to SportPursuit via the Website or by email (email@example.com).
19.2. In the case that your request for cancellation is accepted, SportPursuit will be responsible for refunding to you for all sums paid (including delivery charges, if any) in respect of the Order in question.
19.3. SportPursuit will confirm any cancellation by email. If the goods have already been shipped you should expect your refund within 14 days from the date you inform us of your intention to cancellation. If you have received the Order you are required to return the items by the procedure outlined in condition 20. If the goods have not been dispatched from our warehouse you should expect your refund within 14 days of the confirmation email.
19.4. Please note that your right to cancel does not apply to the following products or services:
19.4.1. To service agreements where the contract has already been confirmed with/to the Member, before the cancellation right’s period: the service supplier must have provided a written confirmation before the start of the service, including some information such as the right cancellation will end as soon as the service agreement’s fulfilment starts.
19.4.2. To sale or service agreements of which the price is fixed according to the financial market variations and/or cannot be controlled by the supplier.
19.4.3. To sale agreements related to goods which were made according to the consumers’ requirements or which were obviously customised, or which cannot be returned because of their nature.
19.4.4. To sale agreements related to goods which are likely to deteriorate and be outdated quickly (eg, perishable goods).
19.4.5. To sale agreements related to sound or video records, or software, if they were unsealed by the Member.
19.4.6. To sale agreements related to newspapers or magazines.
19.4.7. To service agreements related to competitions or lotteries.
19.4.8. To the sale agreements related to accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.
19.5. SportPursuit may cancel any order where goods are purchased outside of the members permitted access, including, but not limited to, the member's currency store and customer grouping.
19.6. SportPursuit reserves the right to cancel any order, at its sole discretion.
20. Returns Procedure
20.1. You must notify us of your intention to return items within 14 days of receipt of the item(s) via the returns area of the Website and obtain a return authorisation slip. Your returns authorisation slip and goods should be returned to: SportPursuit Returns, Columbia House, Apollo Rise, Southwood, Farnborough, GU14 0GT. Once SportPursuit has issued you with a return authorisation slip, the goods must be returned within 14 days of receipt of that slip. The slip should be included with the items when they are returned.
20.2. Items should be returned with their original, undamaged packaging with tags still attached, and the products must be in an unused condition (except only in the case of products which have been discovered to be faulty upon use). You should not return products if (in our reasonable opinion) they have been damaged as a result of fair wear and tear, deliberate damage, accidental damage (by you or a third party other than our couriers), negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval. If the value of the goods is diminished by any amount as a result of you handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods that might be reasonably be allowed in a shop SportPursuit reserves the right to recover that amount from your refund, up to the value of the price you paid.
20.3. Please note that your right to return products does not apply to products which fall into the categories listed in condition 19.4 unless they are faulty.
20.4. In addition SportPursuit will not accept the return of the following items:
20.4.1. Items with a hygiene seal which has been removed.
20.4.2. Items which have been assembled or installed, in whole or in part.
20.4.3. Swimwear or underwear.
20.5. You are responsible for the items until they are received at the return address and thus we advise customers to use a special delivery service when returning items and to retain their proof of postage until receipt is confirmed by email.
20.6. Except in the case of faulty returns, the cost of returning products shall be borne by you. Where incorrect or damaged items are received we will cover the cost of the return postage and this will be advised with the return authorisation slip. Please ensure there is a copy of the postal cost receipt returned with the faulty item(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges unless otherwise agreed by SportPursuit in writing.
20.7. Delivery charges will be refunded only where an entire Order is returned. This does not affect your rights to claim for defective or faulty goods or workmanship under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982.
21. Intellectual Property and Copyright
21.1. The purpose of this Website is to enable Members to have a good quality source of products and information that they can make full use of for their own private benefit. However, we also need to ensure that this Website is not abused or unfairly exploited which is why we have to impose certain conditions on your use of it. Subject to what is said below material from this Website may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer, photocopied in reasonable numbers and used for your own personal, non-commercial purposes or those of your friends and family as a personal retail and information resource in good faith only. Any other type of use requires our prior written agreement.
21.2. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
21.3. “SportPursuit” is a registered trade mark of SportPursuit Limited. No use of this trade mark is to be made by you except for the purpose of referring to SportPursuit lawfully and in good faith only.
22.1. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
22.2. These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. In the event of a dispute relating to these Terms & Conditions and/or your use of the Website, the Member shall first contact SportPursuit in order to attempt to reach a friendly solution. Failing this, the parties may seek any remedies available to them at law, including without limitation, issuing legal proceedings and the parties hereby irrevocably submit to the exclusive jurisdiction of the English and Welsh courts.
23. Limitation of liability
23.1. SportPursuit's liability to you is limited to refunding the price of the products (and in certain circumstances the cost incurred by you in returning a product to us).
23.2. SportPursuit will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with a Member that is caused by events outside our reasonable control (a "Force Majeure Event").
23.3. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
23.3.1. Strikes, lock-outs or other industrial action;
23.3.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
23.3.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
23.3.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
23.3.5. Impossibility of the use of public or private telecommunications networks; and
23.3.6. The acts, decrees, legislation, regulations or restrictions of any government.
23.4. SportPursuit's performance under any contract with a Member is deemed to be suspended for the period that a Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the any contract with you may be performed despite the Force Majeure Event.
23.5. SportPursuit will not be liable for any defective goods unless we receive notice in writing within seven days of the Member becoming aware of the defect or, where upon reasonable inspection of the goods, the Member should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, SportPursuit may, in its sole discretion, replace the goods (or the part in question) or refund to the Member the Price (or an appropriate proportion of the Price). SportPursuit will have no further liability to the Member in respect of the matters referred to in this condition.
23.6. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
23.7. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an Order as set out in condition 19.
23.8. Subject to condition 23.10 below, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions or any Order placed by you for any direct, indirect, special or consequential loss including, without limitation, any:
23.8.1. Economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
23.8.2. Loss of goodwill or reputation.
23.9. We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.
23.10. For the avoidance of doubt nothing in these Terms & Conditions shall serve to restrict, exclude or limit SportPursuit's liability that we have to any party in respect of death or personal injury caused by SportPursuit's negligence or the negligence of its officers or employees.
24.1. The following uses of the Website are prohibited, and you agree not to use this Website:
24.1.1. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on the Website;
24.1.2. to disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
24.1.3. to transmit or re-circulate any material obtained from this Website to any third party except where expressly permitted on this Website;
24.1.4. in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms & Conditions;
24.1.5. to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail”, "spam”, "chain letters”, "pyramid schemes”, or any other form of solicitation;
24.1.6. to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the Website by any person;
24.1.7. to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
24.1.8. in any way that might infringe third party privacy or other rights, is unlawful or that might bring SportPursuit into disrepute; or
24.1.9. to post link(s) that take users to material that contravenes any of the above restrictions.
24.2. The information on this Website does not necessarily reflect the views and opinions of SportPursuit. Neither should any suggestions or advice contained on this Website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this Website before entering into any commitment based upon them.
24.3. In the event that any condition of these Terms & Conditions is held to be invalid, void or unenforceable, the remainder of these Terms & Conditions shall remain valid and enforceable.
24.4. No waiver by SportPursuit of any right we may have shall be construed as a waiver of any proceeding or succeeding breach of any provision.
24.5. Any contract entered into pursuant to these Terms & Conditions is between SportPursuit and you and is binding on you and SportPursuit and on our respective successors and assignees.
24.6. You may not transfer, assign, charge or otherwise dispose of a contract that we enter into, or any of your rights or obligations arising under it, without our prior written consent.
24.7. SportPursuit may transfer, assign, charge, sub-contract or otherwise dispose of any contract we entered into, or any of our rights or obligations arising under it, at any time during the term of any such contract.
24.8. SportPursuit reserves the right to:
24.8.1. Modify, suspend or withdraw the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
24.8.2. Cancel, at its sole discretion, your access to the registration areas of the Website immediately and without giving you any advance notice if, for any reason, SportPursuit believes that you may not have complied for any of these Terms & Conditions.
25. Gift Vouchers
25.1. SportPursuit Gift Vouchers are redeemable against any products on www.sportpursuit.com, subject to website terms & conditions.
25.2. Gift Vouchers will expire 12 months after the date of purchase.
25.3. Gift Vouchers cannot be exchanged for cash.
25.4. Multiple Gift Vouchers may be used in the same transaction.
25.5. Gift Vouchers may be used in conjunction with other accepted payment methods, in order to make purchases greater than the value of the Gift Voucher.
25.6. Gift Vouchers may be used in conjunction with other discount vouchers & store credit.
25.7. Gift Vouchers cannot be bought using any other form of store credit or discount code.
25.8. Please treat Gift Vouchers as cash; they cannot be replaced if lost, stolen or damaged.
25.9. If you do not spend the entire balance of the Gift Voucher, the remaining balance will be held on the Voucher for future use within the expiration period.
25.10. Gift Vouchers cannot be returned or refunded, except in accordance with your legal rights.
25.11. If you have made a purchase with a Gift Voucher (in whole or in part) and you would like to return your purchase, you will be refunded the amount paid in the form of store credit.
25.12. SportPursuit reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at its discretion, it deems such action necessary.
25.13. Gift Vouchers are issued by SportPursuit Ltd. Registered office Unit 2C Hillgate Place, London. SW12 9ER.
26. SportPursuit Pricing Policy
26.1. SportPursuit.com will use its best endeavours to list products at the most competitive price and in a clear and transparent way.
26.1.1. The two prices shown on the website next to each product or service indicate the supplier’s usual recommended retail price or local equivalent (shown crossed out if discounted below this level), and the SportPursuit.com price.
26.1.2. The SportPursuit.com price is shown inclusive of tax where applicable.
26.1.3. The Recommended Retail Price (or local equivalent) is supplied to us by the Brand, Licenced Distributor, Agent or Supplier. SportPursuit.com spot checks the RRPs provided to us to ensure they are representative. SportPursuit.com does not take any part in setting RRPs.
26.1.4. The ‘savings made’ information shown on the summary page when purchasing a product indicates the total savings across all the products as compared with the supplier’s RRP.
26.1.5. Members will be informed of the shipping costs for their Order prior to final confirmation. A breakdown of any applicable taxes will also be shown prior to final confirmation. Furthermore, once the Order has been confirmed, the prices and costs including any applicable taxes will remain accessible in the "My Account" section of the Website.
26.2. When a product is sourced from a Brand or Licensed Distributor and has been supplied with a UK RRP, we will display the UK RRP. The RRP is provided by the brand or licensed distributor from whom we source the product based on the manufacturing costs, fabrics, technology amongst other factors – SportPursuit.com plays no part in this process. When a supplier has multiple RRPs for the same product which has been sold in multiple seasons we use the lowest RRP provided to us. We do however spot check the RRPs supplied to us to ensure these are in-line with the RRPs quoted by other retailers in the market. If an identical colour way is not available, we will look at the same product in different colour ways to check the RRP.
26.2.1. Some products are sourced from International markets and are not available in the UK. In certain cases we will establish an RRP by converting the RRP, SRP or local equivalent supplied by the supplier in the market from which the goods were sourced into Sterling (plus a small international import fee).
26.2.2. In cases where we have not been supplied with an RRP or equivalent or where we have not been able to establish a selling price we will not display a previous price.
26.2.3. We reserve the right to change prices for products displayed on SportPursuit.com at any time.
26.3. When a product is sold outside the UK, we will display a local RRP or equivalent price. This price is based on the UK RRP or local RRP, SRP or equivalent, which is supplied to us by the Brand, Licensed Distributor, Agent or Supplier. This is converted into the local currency for the market in which you are purchasing (plus a small international import fee).